The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
Copyright and Fair Use
A healthy copyright system must balance the need to provide strong economic incentives through exclusive rights with the need to protect important public interests like free speech and expression. Fair use is foundational to that balance. It's role is to prevent copyright from stifling the creativity it is supposed to foster, and from imposing other burdens that would inhibit rather than promote the creation and spread of knowledge and learning.
The Fair Use Project (FUP) was founded in 2006 to provide legal support to a range of projects designed to clarify, and extend, the boundaries of fair use in order to enhance creative freedom and protect important public rights. It is the only organization in the country dedicated specifically to providing free and comprehensive legal representation to authors, filmmakers, artists, musicians and other content creators who face unmerited copyright claims, or other improper restrictions on their expressive interests. The FUP has litigated important cases across the country, and in the Supreme Court of the United States, and worked with scores of filmmakers and other content creators to secure the unimpeded release of their work.
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Non-Residential Fellow
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Brett Frischmann
Affiliate ScholarBrett Frischmann’s expertise is in intellectual property and internet law. After clerking for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit and practicing at Wilmer, Cutler & Pickering in Washington, DC, he joined the Loyola University Chicago law faculty in 2002. He has held visiting appointments at Cornell and Fordham. Read more » about Brett Frischmann
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Lauren Gelman
Non-Residential FellowLauren is an experienced attorney, frequent speaker and start-up advisor who has worked in the field of Internet law and policy since 1995. She is the founder of BlurryEdge Strategies, a legal and strategy consulting firm located in San Francisco that advises technology companies and investors on cutting-edge legal issues. Lauren previously led the Center for Internet and Society at Stanford Law School and taught at the Law School and the Department of Engineering. Read more » about Lauren Gelman
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Jennifer Granick
Director of Civil LibertiesJennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel with the internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act. Read more » about Jennifer Granick
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Second Circuit Victory for Richard Prince and Appropriation Art
By Julie Ahrens • April 25, 2013 at 6:12 pm
Today the Second Circuit Court of Appeals issued a long-awaited decision in favor of fair use in Cariou v. Prince. Reversing the district court’s finding of infringement, the Court held that Richard Prince’s use of Patrick Cariou’s photographs in 25 of his 30 Canal Series paintings was a fair use. The decision affirms an important tradition in modern art that relies on the appropriation of existing images to create highly expressive works with new meaning. Read more » about Second Circuit Victory for Richard Prince and Appropriation Art
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A Big Week for News in Internet Policy
By Jennifer Granick • April 25, 2013 at 4:26 pm
This has been a busy Internet law week. I'd like to sum up some of the more interesting developments: Read more » about A Big Week for News in Internet Policy
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Fair Use Project, International Documentary Association, MPAA, and Film Independent Ask Fourth Circuit to Recognize Creators’ Interest in Repurposing Copyrighted Material for Historical Use
By Tim Greene • April 10, 2013 at 12:50 pm
Frederick Bouchat has been serially litigating against the NFL and the Baltimore Ravens organization for more than a decade. Bouchat continues to press his claims that the NFL and the Ravens cannot display in any context the original Ravens’ Flying B logo (the logo they used from 1996 through 1998, found to infringe Bouchat’s copyright in his Shield drawing). Read more » about Fair Use Project, International Documentary Association, MPAA, and Film Independent Ask Fourth Circuit to Recognize Creators’ Interest in Repurposing Copyrighted Material for Historical Use -
Here's How to Legalize Phone Unlocking
By Jennifer Granick • March 14, 2013 at 3:18 pm
In the wake of a public petition to allow people to unlock their cellphones for use on the wireless network of their choice, both the White House and the Federal Communications Commission came out in favor of a change in the law. Read more » about Here's How to Legalize Phone Unlocking
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Kahle v. Gonzales - Appellants' Opening Brief
Author(s):Christopher SprigmanJennifer GranickLawrence LessigPublication Date:January 31, 2005Publication Type:Litigation BriefAppellants' Opening Brief in the Ninth Circuit. Read more » about Kahle v. Gonzales - Appellants' Opening Brief
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Golan v. Holder - Government's Reply in support of their Motion for Summary Judgment
Publication Date:November 24, 2004Publication Type:Litigation Brief -
Kahle v. Gonzales - District Court Order Granting Government's Motion to Dismiss
Publication Date:November 19, 2004Publication Type:Litigation Brief -
Golan v. Holder - Order re 56(f) Motion
Publication Date:November 10, 2004Publication Type:Litigation Brief
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Murphy v. Millennium Radio Group, LLC, Craig Carton and Ray Rossi
We filed an amicus brief in the Third Circuit on behalf of Brave New Films urging affirmance of the district court’s finding of fair use and rejection of plaintiff’s DMCA claims. Read more » about Murphy v. Millennium Radio Group, LLC, Craig Carton and Ray Rossi
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Bouchat v. Baltimore Ravens and NFL, et al.
We filed an amicus brief in the Fourth Circuit in support of the Baltimore Ravens and the NFL urging the Fourth Circuit to grant rehearing or rehearing en banc, after a divided panel ruled that the Raven’s incidental use of a copyrighted logo in historical game films was not a fair use. Read more » about Bouchat v. Baltimore Ravens and NFL, et al.
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Aguiar v. Webb
We defended a documentary filmmaker who was sued for copyright infringement for clips appearing in his documentary about Count Dante, an enigmatic, Chicago martial arts legend. Read more » about Aguiar v. Webb
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Vargas v. BT
We successfully defended Grammy-nominated American music producer, composer, and songwriter, Brain Transeau’s (better known by his stage name, BT), against spurious copyright infringement claims. Read more » about Vargas v. BT
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Christopher Sprigman on creativity without copyright
Date published:July 17, 2012 -
Music artists claim website promoted infringement
Date published:July 17, 2012By Ben Adlin
"The First Amendment concerns jump right out at you," said Julie Ahrens, associate director of Stanford Law School's Fair Use Project. "This seems to limit the ability to talk about these products or describe what they do or how they work."
Read the full story at the original publication link below. Read more » about Music artists claim website promoted infringement
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The Growing Power of the Meme
Date published:June 14, 2012For the originator of a meme, legal protections are slim, and that’s the way it should be, says copyright attorney Anthony Falzone, executive director of the Fair Use Project at Stanford Law School. “If you’re the first person to do the video S- -t Girls Say, that doesn’t mean someone else can’t use the same idea with girls saying different stuff,” he says. “Just because you’re the first one to do something doesn’t mean you should be the only one to get to do it.”
Read the full publication at the original link below. Read more » about The Growing Power of the Meme
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If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
Date published:June 8, 2012CIS Affiliate Scholar Marvin Ammori's latest article for The Atlantic.
The Supreme Court will soon hear a case that will affect whether you can sell your iPad -- or almost anything else -- without needing to get permission from a dozen "copyright holders." Here are some things you might have recently done that will be rendered illegal if the Supreme Court upholds the lower court decision: Read more » about If You've Ever Sold a Used iPod, You May Have Violated Copyright Law
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5/9: CIS Speaker Series: Tim Wu discusses his new book THE MASTER SWITCH (Past Event)
May 9, 2011Stanford Law School, Room 290Tim Wu is an author, policy advocate and author of The Master Switch. He is a professor at Columbia Law School, the chairman of media reform organization Free Press, and is working for the FTC as a senior advisor. Wu was recognized in 2006 as one of 50 leaders in science and technology by Scientific American magazine, and in 2007 Wu was listed as one of Harvard's 100 most influential graduates by 02138 magazine. Read more » about 5/9: CIS Speaker Series: Tim Wu discusses his new book THE MASTER SWITCH
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5/2: CIS Speaker Series - A Defensive Patent License Proposal (Past Event)
May 2, 2011Stanford Law SchoolUpdated 5/10/2011
Check out pictures from the CIS Speaker Series Talk - A Defensive Patent License Proposal Read more » about 5/2: CIS Speaker Series - A Defensive Patent License Proposal
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4/27: Intellectual Property and Individual Liberty: Friends or Foes (Past Event)
April 27, 2011Stanford Law SchoolAnthony Falzone and Mark Schultz will debate whether significant developments in U.S. copyright law protects or violates individual freedom. Falzone, Executive Director of the Fair Use Project and a Lecturer in Law at Stanford Law School, will evaluate the affects of copyright law on freedom of expression, while Prof. Schultz will assess the affects of copyright law on the liberty of IP creators and owners. Professor Paul Goldstein will moderate. Professor Paul Goldstein will moderate. Lunch will be served. Hosted by the Stanford Federalist Society Read more » about 4/27: Intellectual Property and Individual Liberty: Friends or Foes
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4/25: Copyright, Remix and the Art of Collaborative Media: A conversation with Joseph Gordon-Levitt and Anthony Falzone (Past Event)
April 25, 2011Stanford Law SchoolUpdated April 27, 2011Check out photos from the Joseph Gordon-Levitt talk.
hitRECORD.org is a project Joseph Gordon-Levitt started almost five years ago. They have evolved into a professional open production company that creates and develops art and media collaboratively. Rather than just exhibiting and admiring each other's work as isolated individuals, they invite users to gather and collectively work on projects together. Read more » about 4/25: Copyright, Remix and the Art of Collaborative Media: A conversation with Joseph Gordon-Levitt and Anthony Falzone
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Audio)
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PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video)
March 1, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012
Audio VersionModerator: Declan McCullagh, Chief Political Correspondent, CNET
Panelists:
Corynne McSherry, Intellectual Property Director, Electronic Frontier Foundation;
Mike Masnick, Editor, Techdirt Blog;
Betsy Zedek, Senior Counsel, Content Protection, Fox Group Legal
A.J. Thomas, Partner, Jenner & Block Read more » about PROTECT IP/SOPA - 2012 STLR Symposium - First Amendent Challenges in the Digital Age (Video) -
First Amendment Architecture - STLR Symposium 2012 - First Amendment Challenges in the Digital Age (Video)
February 29, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society
February 10, 2012 -
Taking Forgetting Seriously - 2012 STLR Symposium - First Amendment Challenges in the Digital (Video)
February 28, 2012
STLR Symposium 2012 - Co-Hosted by the Center for Internet and Society Read more » about Taking Forgetting Seriously - 2012 STLR Symposium - First Amendment Challenges in the Digital (Video)